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The Florida Statutes

The 2024 Florida Statutes

Title XLVIII
EARLY LEARNING-20 EDUCATION CODE
Chapter 1013
EDUCATIONAL FACILITIES
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F.S. 1013.40
1013.40 Planning and construction of Florida College System institution facilities; property acquisition.
(1) The need for Florida College System institution facilities shall be established by a survey conducted pursuant to this chapter. The facilities recommended by such survey must be approved by the State Board of Education, and the projects must be constructed according to the provisions of this chapter and State Board of Education rules.
(2) No Florida College System institution may expend public funds for the acquisition of additional property without the specific approval of the Legislature.
(3) No facility may be acquired or constructed by a Florida College System institution or its direct-support organization if such facility requires general revenue funds for operation or maintenance upon project completion or in subsequent years of operation, unless prior approval is received from the Legislature.
(4)(a) The campus of a Florida College System institution within a municipality designated as an area of critical state concern, as defined in s. 380.05, and having a comprehensive plan and land development regulations containing a building permit allocation system that limits annual growth, may construct dormitories for up to 340 beds for Florida College System institution students, and an additional 50 beds for employees, educators, health care workers, and first responders. Such dormitories are exempt from the building permit allocation system and may be constructed up to 60 feet in height if the dormitories are otherwise consistent with the comprehensive plan, the Florida College System institution has a hurricane evacuation plan that requires all dormitory occupants to be evacuated 48 hours in advance of tropical force winds, and transportation is provided for dormitory occupants during an evacuation.
(b) State operating funds; state performance funds; and revenues collected from the tuition, out-of-state fee, activity and service fee, financial aid fee, technology fee, and distance learning fee may not be used for construction, debt service payments, maintenance, or operation of such dormitories.
(c) Grants and donations for capital outlay and revenues from the capital improvement fee may be used for construction, debt service payments, maintenance, or operation of such dormitories.
(d) Additional dormitory beds constructed after July 1, 2016, may not be financed through the issuance of bonds by the Florida College System institution; however, bonds may be issued by nonpublic entities as part of a public-private partnership between the college and a nonpublic entity. Before the issuance of any such bonds, the Division of Bond Finance shall analyze the financing and any issues raised by such analysis must be appropriately considered by the college.
History.s. 839, ch. 2002-387; s. 4, ch. 2008-213; s. 214, ch. 2011-5; s. 1, ch. 2016-32; s. 56, ch. 2017-3; s. 19, ch. 2019-103; s. 68, ch. 2022-154; s. 2, ch. 2024-50.